Committee on the Elimination of Racial Discrimination

Ninety-second session

24 April-12 May 2017

Item 4 of the provisional agenda

Consideration of reports, comments and information submitted by States parties under article 9 of the Convention

List of themes in relation to the combined twentieth to twenty-second periodic reports of Bulgaria

Note by the Country Rapporteur

1.The Committee on the Elimination of Racial Discrimination decided at its seventy-sixth session (see A/65/18, para. 85) that the Country Rapporteur would send to the State party concerned a short list of themes with a view to guiding and focusing the dialogue between the State party’s delegation and the Committee during the consideration of the State party’s report. The present document contains a list of such themes. It is not an exhaustive list; other issues may also be raised in the course of the dialogue. No written replies are required.

The Convention in domestic law and the institutional and policy framework for its implementation (arts. 2, 4, 6 and 7)

2.Examples of court cases in which the provisions of the Convention were applied by, or invoked before, domestic courts. Information on training for law enforcement personnel aimed at raising awareness about the Convention and its direct applicability in domestic courts (CERD/C/BGR/CO/19, para. 19; CERD/C/BGR/20-22, paras. 80-90 and 202-216).

3.Measures to reinforce the capacity, independence and financial resources of the existing equality bodies in the State party. Up-to-date information on the number of racial discrimination cases brought before the Ombudsman’s Office or the Commission for Protection against Discrimination during the period under review, including the results of those cases and the compensation provided to victims, if any (CERD/C/BGR/CO/19, para. 12; CERD/C/BGR/20-22, paras. 25 and 98-114).

4.Application of anti-discrimination criminal provisions by law enforcement officials and measures to increase the reporting rate by victims protected under the Convention (CERD/C/BGR/CO/19, para. 17).

Racist hate speech and hate crimes (art. 4)

5.Measures to investigate, deter and punish hate crimes and hate speech, including those committed or instigated by politicians, against minority groups such as Roma, Muslims, migrants, asylum seekers and refugees. Statistical data on criminal investigations launched into such crimes and their results, including compensation for victims (CERD/C/BGR/CO/19, para. 18; CERD/C/BGR/20-22, paras. 75-79).

6.Updated information on measures taken to prevent manifestations of discrimination, hatred and racism in the media, and statistical data on disciplinary and other measures taken by the Council for Electronic Media to control such manifestations (CERD/C/BGR/CO/19, para. 18; CERD/C/BGR/20-22, paras. 75-79 and 219-224).

Discrimination against ethnic minorities (arts. 2-7)

7.Update on the implementation of the National Strategy for Roma Integration and its action plans, and their impact on improving the access of Roma to employment, housing, health care and education (CERD/C/BGR/CO/19, para. 15; CERD/C/BGR/20-22, paras. 28-61 and 142-192).

8.Information on measures taken to enhance participation in public life by persons belonging to ethnic minorities, including the Roma, and to increase their representation on elected assemblies and in public services, and on the impact of those measures (CERD/C/BGR/CO/19, para. 11; CERD/C/BGR/20-22, paras. 19-24).

9.Update on improving housing conditions for the Roma. Data on the incidence of forced evictions of Roma since 2011, including information on housing alternatives and compensation provided to affected persons, and progress achieved in legalizing informal settlements (CERD/C/BGR/CO/19, para. 15; CERD/C/BGR/20-22, paras. 46-50).

10.Statistical data on children placed in alternative care institutions covering the period under review, disaggregated by ethnic origin, sex, age, disability and duration of placement. Measures to address the root causes for placing children in alternative care and their impact on reducing the likelihood of child institutionalization, especially among the Roma (CERD/C/BGR/20-22, paras. 144-148).

11.Statistical data on cases involving abuse of force by police and other law enforcement officials against persons belonging to ethnic minorities, including the outcomes of investigations, sentences imposed on perpetrators and compensation provided to victims (CERD/C/BGR/CO/19, para. 16; CERD/C/BGR/20-22, paras. 62-70 and 126-133).

Situation of non-citizens, including migrants, asylum seekers, refugees and stateless persons (arts. 5 and 7)

12.Up-to-date information on measures aimed at:

(a)Increasing the capacity of, and improving the living conditions in, reception centres;

(b)Enhancing and expediting asylum procedures;

(c)Finding alternatives to administrative detention of all persons caught in an irregular situation in the State party and of asylum seekers whose asylum applications are pending registration;

(d)Repealing the criminalization of illegal border crossing and refraining from illegal push-backs of migrants;

(e)Implementing the National Strategy on Migration, Asylum and Integration for the period 2015-2020 (CERD/C/BGR/20-22, paras. 195-201).

13.Measures to ensure access to formal education by child asylum seekers and the availability of Bulgarian language courses in reception centres.